premier business developments - thunder bay · 1.0 - introduction . innova business park,...

City of Thunder Bay Realty Services B-1

Premier Business Developments

www.city.thunder-bay.on.ca

KCharlton

Note

Marked set by KCharlton

KCharlton

Note

Unmarked set by KCharlton

KCharlton

Note


KCharlton

Note


KCharlton

Note


KCharlton

Cross-Out

KCharlton

Cross-Out

KCharlton

Logo

(rev Feb/13)

INNOVA BUSINESS PARK

INFORMATION & DEVELOPMENT APPLICATION GUIDE

1.0 - INTRODUCTION

Innova Business Park, Northwestern Ontario’s newest, premier business development

opportunity, is centrally located within the community of Thunder Bay. Within this municipally

owned business park, lots ranging from small, single-use parcels to large, multi-use sites,

provide excellent opportunities for the developer or investor (see ATTACHMENT "A"). It is

the City of Thunder Bay’s intent to ensure that all proposals contribute to the development of a

"prestige" Business Park. Owners can be assured that standards, consistent with this

requirement for quality, will be maintained to protect and enhance investor equity. Sound

design principles will ensure that each development contributes positively to this objective. To

achieve the desired prestige theme within the Park, specific Development Guidelines (see

ATTACHMENT "B") have been prepared to address site, building and landscape design

requirements. High profile lots have been designated as "Prestige Industrial Zone" and

particularly high quality landscaping and architectural design are expected in these areas.

Implementation of the development guidelines will be controlled through a combination of the

development selection process, Agreements of Purchase and Sale and Site Plan Control

Agreements.

A Development Review Committee (DRC) has been established to assist and ensure

appropriate development projects meet the criteria approved by Thunder Bay City Council. The

DRC consists of permanent representatives of the City of Thunder Bay Realty Services,

Engineering, Parks and Planning Divisions and the City’s Economic Development

Commission. These permanent representatives will be supplemented, as required, with

additional public or private sector resource persons.

The purpose of this Guide is to assist Applicants in the preparation of their Development

Proposal submissions to the City of Thunder Bay Realty Services Division. This Guide will

remain important to the Applicant throughout the life of the development on the property and

should be retained for future reference.

2.0 - DEVELOPMENT OBJECTIVES & REQUIREMENTS

It is the intention of THE CORPORATION OF THE CITY OF THUNDER BAY to market

parcels of City-owned land in the Innova Business Park to those interested persons or

companies who submit to the City competitive proposals for development that the City, in its

absolute discretion, considers most favourable.

Information & Development Application Guide

Innova Business Park

Page 2

(rev Feb/13)

2.1 DEVELOPMENT THEMES

Although the City shall not be bound to limit its selection to any particular criteria, any

Applicant shall, in submitting a proposal, clearly understand that there are five (5) criteria of

primary competitive importance:

1. Project value (construction and assessment);

2. Optimum use;

3. Post construction employment potential;

4. Architectural and design merit; and

5. Degree to which community or market needs are met.

Based on the foregoing five (5) criteria, the following specific or equivalent target sector

activities have been identified as having future economic significance for the Innova Business

Park:

wood industry secondary processing

university/college-related activities

pollution abatement controls/procedures

mining services

metal product fabricating

small business

consumer electronics

plastics

printing

regional warehousing

regional service centre

medical/geriatric care

tourism

In addition to these target sectors, City Council has also endorsed that priority be given to those

proposals which adhere to one or more of the following principles:

result in future net increase in job creation for the City;

bring a new type of industry to the community or assists in the

diversification of the local economy;

are within a target industry group identified in the City strategic plan,

and/or as indicated above;



Page 3

(rev Feb/13)

support the expansion and growth of existing businesses;

provide a service to other firms within the business park;

act as a catalyst to the development of the business park in a manner

consistent with the above principles.

The aforementioned criteria, target sectors and principles, are not listed in any particular order

of importance and the City shall maintain, at all times, which proposals it considers to be the

most favourable, based on any one or more of the above-mentioned themes, or any other

considerations that the City considers important at any time or with any given proposal.

The decision to sell lots (or not to sell lots) to any Applicant is at the absolute discretion of

Thunder Bay City Council.

2.2 INITIAL DEPOSIT

A Deposit of FIVE PERCENT (5%) OF THE PURCHASE PRICE is required to be paid by

CERTIFIED CHEQUE to the City, and must accompany the Application to Purchase City

Land (see ATTACHMENT "G"). Should the preliminary proposal be accepted, the initial five

percent (5%) deposit will be applied towards the purchase price of the property.

In the event that the preliminary proposal is not accepted, the full amount of the Deposit will be

refunded to the Applicant. Should the Applicant, for whatever reason, choose not to acquire the

lands after the proposal has been accepted, the initial five percent (5%) deposit will not be

refunded and will be forfeited to the City as liquidated damages and not as a penalty.

2.3 PRICING OF INNOVA PROPERTY

As legislated by the Municipal Act, 2001, municipal land sales must reflect the "market value"

of the property at the time of sale. The prices set by the City, as shown in ATTACHMENT

"C," are deemed to be representative of market value as determined by accredited professional

appraisers.

2.4 DEVELOPMENT APPROVAL TIME LIMITS

Once an application has been accepted and approved by City Council under Resolution, the

Applicant must enter into an Agreement of Purchase and Sale within forty-five (45) days from

the date of the Council Resolution.

The form and content of the standard Agreement of Purchase and Sale are set out in

ATTACHMENT "D." The City reserves the right to make such amendments to the standard

Agreement of Purchase and Sale as are necessary to implement the Applicant’s Proposal and to

protect the City’s interests.



Page 4

(rev Feb/13)

2.5 DEVELOPMENT REVIEW PROCESS

CHART GUIDELINE

Submission of Application to Purchase City Land,

Preliminary Site Plans and Deposit Cheque

Development Review Committee Evaluation

Obtain City Council Approval

Applicant must enter into an Agreement of Purchase and

Sale within Forty-Five (45) Days from Date of Council

Resolution

Payment of the Balance of the Purchase Price and

Landscaping Deposit within Thirty (30) Days from the

Date of the Agreement of Purchase and Sale

Execution of the Site Plan Control

Agreement

Application for Building Permit

15% of Construction of Building(s) and Transfer of Title

Within One (1) Year from Date of Agreement of Purchase

and Sale

Registration of Site Plan Control Agreement

100% Construction of Building(s) Within 2

Years from Date of Agreement of Purchase

and Sale

Landscaping Deposit Refund

NOTE: Requirements for an Official Plan and/or Zoning By-law Amendment will lengthen

the process. Also, all time estimates are approximate and may be shorter or longer

depending on the Applicant’s ability to meet the process timing requirements.



Page 5

(rev Feb/13)

3.0 - PRELIMINARY PROPOSAL SUBMISSION REQUIREMENTS

It is the intention of the City to minimize the monetary outlay of any Applicant by first

requiring only a preliminary proposal for initial review purposes. The details required for such

preliminary proposal applications described herein must be submitted to:

The Manager

Realty Services Division

2nd Floor, Victoriaville Civic Centre

111 S. Syndicate Avenue, P.O. Box 800

Thunder Bay, ON

Canada Thunder P7C 5K4

Telephone (807) 622-LAND (5263)

Facsimile (807) 625-2977

E-Mail [email protected]

3.1 DESIGN & DEVELOPMENT SUBMISSION REQUIREMENTS

The preliminary proposal must, at minimum, conform to the Design Guidelines provided in

ATTACHMENT "B," and the Development Themes referred to in Section 2, the City’s

current zoning, and all other applicable governmental laws or regulations. Prior to submitting

the Application to Purchase City Land, the Applicant must ensure that the required information,

plans, 5% deposit, and completed Application form are correct.

3.2 PRELIMINARY DRAWING SUBMISSION REQUIREMENTS

1. Two (2) full sized detailed site plans in metric indicating:

North Arrow/Bar Scale

Legal Description (Lot #, Plan, etc.)

Dimensions of all Property Lines

Proposed Use of Building(s)

Exterior Dimensions of all Proposed Buildings and Structures, including

Height

Lot Coverage of all Proposed Buildings and Structures, including Height

and Gross Floor Area



Page 6

(rev Feb/13)

Separation Distance between Buildings

Distance between Property Lines and all Buildings and Structures,

measured at Right Angles to the Property Line

Total Area and Percentage of Vegetated Open Space (soft landscaping

only)

Identify all Landscaped Areas (include proposed species, size, spacing)

and Surface Treatment (include all landscape features, signage, light

standards and facilities for refuse storage)

Minimum Distance between Driveway and Intersection of Streets (if

corner lot)

Location and Rectangular Dimensions of all Driveways, Loading

Spaces/Parking Spaces (include surface type and number of spaces)

Dimensions and Angles of all Parking/Aisles/Driveways

Exterior Building Materials and Colours (include building entrance

locations, windows, wall signs, exhaust vents, roof top mechanical

equipment type and height and screening to be noted and wall lighting)

Proposed Preliminary Site Grading and Drainage Plan showing Storm

Water Retention Facilities

2. All drawings must conform to the Design Guidelines and the Zoning By-law (unless

amendments are being proposed).

3. All required drawings and construction details and specifications must be produced or

approved by a duly qualified architect (or engineer when required) who must endorse

the drawings and required construction details. This requirement includes not only the

preliminary proposal, but also the final plans, specifications and drawings.

3.3 TERMS OF PROPOSAL ACCEPTANCE

Upon execution of the Agreement of Purchase and Sale by the City, the Applicant will then be

required to submit any revised detailed site plans as will be required for a building permit and

for a Site Plan Control Agreement or otherwise.



Page 7

(rev Feb/13)

The City may require deletions, additions and/or amendments to any of the plans as the City, in

its absolute discretion, deems advisable. In some circumstances, Official Plan and/or Zoning

By-law amendments may be required to implement an Applicant’s proposal. Although the City

wishes to discourage applications being made that require Official Plan or Zoning By-law

amendments, Applicants may, in fact, submit proposals that do require such amendments. In

such cases, the City may require substantial deposits to cover City expenses that may result

from the amendment process (i.e., appeals to the Ontario Municipal Board). All Applicants are

cautioned that if they submit applications that require Official Plan and/or Zoning By-law

amendments, the City may at any time in its discretion, refuse to support or continue to support

any requested Official Plan and/or Zoning By-law amendments even though a preliminary

proposal was accepted. All costs associated with any such applications and/or amendments shall

be at the sole cost, expense and risk of the Applicant

Subject to the use of the deposit as prescribed in Section 2.2, and subject to any liability for

costs involved in an Official Plan or a Zoning Amendment process as aforesaid, nothing herein

creates any contractual rights or obligations or other rights or obligations between the City and

any Applicant whether or not any particular application is accepted or rejected. Without limiting

the generality of the foregoing, neither the Applicant nor the City shall bear any liability to the

other if the process herein detailed does not lead to an executed Site Plan Control Agreement

and/or an executed Agreement of Purchase and Sale for any reason whatsoever, and either the

Applicant or the City may, at any time, withdraw from negotiations and/or the process for any

reason whatsoever without liability to the other (subject to the use of the deposit as aforesaid).

The Applicant acknowledges and agrees that while City Administration is given the authority to

negotiate, the City has no liability to the Applicant unless and until a formal Agreement of

Purchase and Sale has been entered into on the recommendation of Administration and

approval of City Council.

3.4 MISCELLANEOUS DEVELOPMENT REQUIREMENTS/INFORMATION

Municipal Requirements:

Boulevards and publicly owned property are required to be landscaped and maintained by

adjacent property owners. The City of Thunder Bay will not provide garbage collection at

curbside for this industrial development.

The City of Thunder Bay intends to construct a promotional gateway feature on the south-west

corner of Lot 37 as illustrated on ATTACHMENT "A." The City will protect its interest in the

gateway feature through an easement on the title to this lot. The Purchaser of this lot will be

required to maintain the area surrounding the gateway feature.

The foregoing requirements will be included in the Agreement of Purchase and Sale and may

also be included in any applicable Site Plan Control Agreement.



Page 8

(rev Feb/13)

Ontario Ministry of Transportation (MTO) Requirements:

Developments adjacent to provincial highways and within 395 metres of the intersection of

Highway 11/17 (Thunder Bay Expressway) and the Harbour Expressway and within 45 metres

of the limit of Highway 11/17 require approval from the MTO. Any development within this

area (including lighting, drainage, buildings, structures, lot paving, landscaping, etc.) is subject

to the approval requirements and permits of the MTO.

In addition, any sign, notice, advertising device, or any part thereof, whether containing

words or not, and including any device used solely to attract attention visible from

Highway 11/17 (Thunder Bay Expressway) and/or within 400 metres of the limit of this

highway, are subject to permits from the MTO. Location signage is also subject to permits

within this area.

Further information regarding permit requirements may be obtained from the Corridor

Management Officer, Thunder Bay District Office of the MTO, address contained in

ATTACHMENT "F."

4.0 - ZONING - PERMITTED USES

Zoning information is provided in ATTACHMENT "E." It is extracted from the City Zoning

By-law 100-2010, as amended, (i.e., Section 31-Prestige Industrial Zone and Section 27-

Medium Industrial Zone) and is for general information purposes only.

Further information regarding Zoning and/or Official Plan compliance may be obtained from

the Manager of the Planning Division, at the Victoriaville Civic Centre address contained in

ATTACHMENT "F."

5.0 - SERVICES

Innova Business Park is serviced by sanitary and storm sewer, water, hydro, fibre optic,

telephone and natural gas. The cost of the various distribution systems is included in the cost of

the lots; however, since the servicing requirements for each lot are variable, the cost of

providing connection from the distribution system to the lot and building(s) is not included in

the cost of the lots. All costs for service connections into the lot and building(s) are the

responsibility of the Purchaser. All hydro and telecommunication services to the lot and

building(s) shall be via underground connection.

Due to the local climate, it may not be possible to make individual service connections at

certain times of the year. Therefore, specific information regarding connections should be

obtained directly from the applicable servicing agency (see ATTACHMENT "F").



Page 9

(rev Feb/13)

6.0 - SITE PLAN CONTROL AGREEMENT

In accordance with Section 2.4, and as a condition of purchase, the Applicant will be required

to enter into a Site Plan Control Agreement (Section 41 of the Planning Act). The Site Plan

Control Agreement is an Agreement between the Purchaser of the lot and the City of Thunder

Bay which requires the Purchaser to agree to a number of conditions regarding the

development. The Site Plan Control Agreement is registered on title against the property.

City Council has delegated the authority for execution of all Site Plan Control Agreements for

Phase One of Innova Business Park, to the General Manager, Development Services, subject to

the approval of the Planning Division and in accordance with the terms and conditions of the

Agreements. In the event that certain matters cannot be resolved between an Applicant and

Administration, a report will be forwarded by the Planning Division to City Council’s

Committee of the Whole for direction.

Failure to enter into a Site Plan Control Agreement will result in cancellation of the Application

to Purchase City Land and the initial five percent (5%) deposit shall be forfeited to the City as

liquidated damages and not as a penalty. Further information regarding the Site Plan Control

Agreement may be obtained from the Planning Division, at the Victoriaville Civic Centre

address contained in ATTACHMENT "F."

7.0 -AGREEMENT OF PURCHASE AND SALE

In accordance with Section 2.4, the following terms and conditions will be implemented as part

of the Agreement of Purchase and Sale; the form and content of which are set out in

ATTACHMENT "D."

1. The Date of the Agreement shall be deemed to be the Date the Agreement of Purchase

and Sale is executed by the City.

2. The successful Applicant/Purchaser will be required to enter into an Agreement of

Purchase and Sale and a Site Plan Control Agreement with the City (refer to Section 2.5).

In the event Official Plan and/or Zoning By-law amendments are required, no Agreement

of Purchase and Sale will be entered into until such amendments have been completed to

the complete satisfaction of the City (refer to Section 3.3).

3. The full balance of the purchase price plus G.S.T./HST (13% of the total purchase price),

if applicable, is to be paid by CERTIFIED CHEQUE payable to the City of Thunder Bay,

within thirty (30) days from the Date of the Agreement.

4. If the full purchase price is not paid within thirty (30) days from the Date of the

Agreement, then the Application to Purchase City Land will become null and void and

the five percent (5%) deposit shall be forfeited to the City as liquidated damages and not

as a penalty.



Page 10

(rev Feb/13)

5. In addition to the purchase price, the Applicant/Purchaser shall further pay coincidentally

with payment of the purchase price, the further sum of FIVE THOUSAND ($5,000.00)

DOLLARS to be held by the City as security for the completion of all buildings and other

capital improvements, landscaping, grading, parking areas, sidewalks, and driveways on

the lands being purchased. The Applicant/Purchaser shall be required to complete all

sodding and/or seeding and growth of grass in all areas not covered by sidewalks and

reasonable areas for driveways and parking areas as detailed on the plans and

specifications provided to the Realty Services Division. The City may, in its discretion,

withhold the security deposit of FIVE THOUSAND ($5,000.00) DOLLARS until all

building(s) and other capital improvements, landscaping, parking areas, sidewalks and

driveways have been completed to the City's full satisfaction. The Applicant/Purchaser

shall complete these works within two (2) years from the Date of the Agreement. If the

Applicant fails to complete the works, the City shall be entitled to retain the security

deposit for its own use as liquidated damages and not as a penalty. In such event, the City

shall not be obligated to utilize the monies to complete the work but may use the monies

for any purpose.

6. The Applicant/Purchaser shall assume and pay all rates, taxes and assessments against the

said lands from and after the Date of the Agreement of Purchase and Sale (as though the

Applicant/Purchaser was the owner of the lands from and after the Date of the

Agreement).

7. The Applicant/Purchaser will covenant and agree to develop the said lands with permitted

building(s) for either its own or tenant occupancy and will develop the land in accordance

with the plans and specifications submitted with the Application.

8. The Applicant/Purchaser will be required to complete construction of the building(s)

referred to in the previous paragraph as follows:

a) To a minimum of fifteen percent (15%) of their overall cost within one

(1) year from the Date of the Agreement of Purchase and Sale, and will

within such time provide to the City a certificate of an architect, duly

authorized to practice in the Province of Ontario, indicating that the

said building has been constructed to at least a level of the said fifteen

percent (15%) of the overall cost of construction. In the event that the

plans and specifications as herein referred to include more than one

building, then the fifteen percent (15%) applies to fifteen percent

(15%) of each building. The Purchaser shall not be entitled to a

conveyance of the property until such time as the foregoing

requirements have been met.

b) Should the Applicant/Purchaser fail to complete construction as

aforesaid and provide the architect's certificate as aforesaid within the

time limit aforesaid, then this Agreement will be null and void and ten

percent (10%) of the purchase price hereinbefore set out will be

forfeited to the City as liquidated damages and not as a penalty.



Page 11

(rev Feb/13)

9. The Applicant/Purchaser shall fully complete construction of the said capital

improvements, free of deficiencies, within two (2) years from the Date of the

Agreement of Purchase and Sale.

10. The Applicant/Purchaser shall accept title from the City to the said lands subject to

any easements or rights-of-way retained by the City, such easement wording to be

approved by the City as to form and content.

11. The Applicant/Purchaser shall have the right to take soil tests as it wishes provided at

all times that it restores the said lands to its original condition.

12. The Applicant/Purchaser shall be solely responsible for locating survey stakes or bars

on the said lands and any costs incurred with respect thereto.

13. The Applicant/Purchaser shall ensure that any building or buildings constructed upon

the said lands shall conform to all By-laws of the City of Thunder Bay, Ontario

Building Code and any other laws or governmental regulations where applicable.

14. The Applicant/Purchaser shall provide All Risk Builder’s Risk Insurance and

Comprehensive General Liability Insurance satisfactory to the City.

15. The Applicant/Purchaser shall sod and maintain the boulevard adjacent to its lot and

acknowledges that the City of Thunder Bay will not provide garbage collection at

curbside for this industrial development.

8.0 - APPLICATION TO PURCHASE CITY LAND

The Application to Purchase City Land form is enclosed as part of this package as

ATTACHMENT "G." Prior to submitting an Application, the Applicant must ensure that

the requirements as set out in Section 3.0 are complied with and that the same accompanies

the completed Application.

ATTACHMENT "A" AREA SITE PLAN


(rev Jan/13)

ATTACHMENT "D"

AGREEMENT OF PURCHASE AND SALE

(INNOVA BUSINESS PARK)

B E T W E E N:

THE CORPORATION OF THE CITY OF THUNDER BAY

Hereinafter called the "City"

OF THE FIRST PART,

- and -

Hereinafter called the "Purchaser"

OF THE SECOND PART.

Recitals:

1. The City has declared the following lands surplus to municipal needs in accordance with the

Municipal Act, 2001:

Part of Parcel 26068, Thunder Bay Freehold

Being Part of the N.E. 1/4 of Section 54

Township of McIntyre, Designated as

Part(s) on Reference Plan 55R-11368

City of Thunder Bay, District of Thunder Bay

hereinafter referred to as "the Lands"

2. The City agrees to sell in an "as is" "where is" condition, and the Purchaser agrees to

purchase in an "as is" "where is" condition, all the interest of the City in the Lands, on the

terms and conditions outlined in this Agreement.

3. The Purchaser agrees and acknowledges that the purchase directly or indirectly by or for a

City employee or a member of an employee’s family (as defined in the Municipal

Conflict of Interest Act) is prohibited.

THIS AGREEMENT IS ENTERED in consideration of the exchange of covenants set out, and for

other consideration, the receipt and sufficiency of which are acknowledged.

THE CORPORATION

OF THE CITY OF

THUNDER BAY

Agreement of Purchase and Sale Page 2


(rev Jan/13)

ARTICLE 1.00 Purchase Price; Payment Terms, Etc.

1.01 Purchase Price: The price to be paid by the Purchaser for the City’s interest in the Lands

(referred to in this Agreement as the “Purchase Price”) is the sum of

($ ) DOLLARS.

1.02 Deposit: The Purchaser has delivered to the City a deposit (referred to in this Agreement as

the “Deposit”) equal to five (5%) percent of the Purchase Price in the amount of

($ ) DOLLARS.

The City acknowledges receipt of the Deposit.

1.03 Payment of the Balance Due: The balance of the Purchase Price, which is the sum of

($ ) DOLLARS

is to be paid by certified cheque within thirty (30) days from the date the Agreement of

Purchase and Sale is executed by the City, otherwise this Agreement will become null and void

and the initial five(5%) deposit will be forfeited to the City.

1.04 Date of the Agreement: The Date of the Agreement is deemed to be the date that the

Agreement of Purchase and Sale is executed by the City.

1.05 Landscaping Deposit: In addition to the purchase price herein, the Purchaser shall further

pay coincidentally with payment of the purchase price as hereinbefore set out, the further

sum of FIVE THOUSAND ($5,000.00) DOLLARS (referred to in this Agreement as the

"Landscaping Deposit") to be held by the City as security for the completion of all building

and other capital improvements, landscaping, grading, parking areas, sidewalks and

driveways over the Lands hereinbefore described. The Purchaser shall complete all sodding

and/or seeding and growth of grass in all areas not covered by sidewalks and reasonable

areas for driveways and parking areas as more particularly detailed on the plans and

specifications provided to Realty Services. The City may, in its discretion, withhold the

sum of FIVE THOUSAND ($5,000.00) DOLLARS until all building and other capital

improvements, landscaping, grading, parking areas, sidewalks and driveways have been

completed to the City's full satisfaction. The Purchaser shall complete the aforesaid works

as required by the City within two (2) years from the Date of the Agreement, failing which

the City is entitled to retain the said monies held as security for its own use as liquidated

damages and not as a penalty. In such event, the City shall not be obligated to utilize the

monies to complete the aforesaid works but may use the said monies for any purpose. The

obligation in this Section shall survive and not merge on the closing of the transaction,

however, the parties shall agree to a substantively similar section to be inserted in the Site

Plan Control Agreement that is referred to in Section 2.02 of this Agreement.

1.06 Waiver of Delivery: The Purchaser waives delivery of this Agreement, however, the

Purchaser is entitled to receive a copy of this executed Agreement within a reasonable

period of time following its execution by authorized City officials.



(rev Jan/13)

1.07 Preliminary Construction: The Purchaser agrees to complete construction of the building

conceptually detailed on the plans and specifications attached as SCHEDULE "A" to this

Agreement and to be further defined through site plan control agreement with the City, to

the extent of fifteen percent (15%) of the said building construction cost within one (1)

year from the Date of the Agreement, and will within such time provide to the City a

certificate of an architect, duly authorized to practise in the Province of Ontario, indicating

that the said building has been constructed to at least a level of the said fifteen percent

(15%) of the overall cost of construction. In the event that the plans and specifications as

herein referred to include more than one building, then the fifteen percent (15%) applies to

fifteen percent (15%) of each building. Should the Purchaser fail to so complete

construction as aforesaid within the time limit aforesaid, then this Agreement and all of the

rights of the Purchaser hereunder shall immediately thereupon become and be forfeited and

void, without notice, action or other proceeding on the part of the City and the City shall

thereupon be at the liberty to re-sell the Lands free and clear of any right, title and interest

of the Purchaser or of any person or persons claiming under him, and ten percent (10%) of

the purchase price hereinbefore paid by the Purchaser will be forfeited to the City as and for

liquidated damages and not as a penalty.

1.08 Final Construction: The Purchaser agrees to construct on the Lands, the improvements

conceptually detailed on the plans and specifications attached as SCHEDULE "A" to this

Agreement and to be further defined through site plan control agreement with the City. The

Purchaser further agrees that the improvements will be constructed and completed, free of

deficiencies within two (2) years from the Date of the Agreement. The said improvements

shall comply with all By-laws of the City, all applicable building codes and any other

governmental laws, regulations or requirements. The Purchaser agrees that a final

inspection of the improvements by the City Building Services Division will be completed

before such date and will reveal no outstanding work or deficiencies. The requirements set

out in this paragraph shall not merge on the transfer of title to the Purchaser but shall at all

times survive such transfer.

1.09 Extensions: Any time limit or closing date as set out in this Agreement, if agreed by both

the City and Purchaser to be extended, may be extended at the discretion of the Manager,

Realty Services Division, without the necessity of specific City Council authorization.

1.10 Insurance: The Purchaser agrees to provide All Risk Builder's Risk Insurance and

Comprehensive General Liability Insurance in an amount and form satisfactory to the City

prior to commencing construction on the said lands. The said policy shall name the City as

an additional insured and shall be maintained in full force and effect as long as the City

retains title to the said lands. The Purchaser acknowledges and agrees that the City will not

issue a Building Permit until proof of insurance as herein required has been given to the

City.

1.11 Assumption of Costs and Obligations: The Purchaser shall assume and pay all costs,

taxes and assessments against the Lands from (and including) the Closing Date. Up to the

Closing Date, the City shall pay them. All costs shall be apportioned to the Closing Date

and adjusted for upon closing.



(rev Jan/13)

1.12 Conveyance of Title: Notwithstanding anything herein elsewhere contained and

notwithstanding that the Purchaser may have paid the whole purchase price, the Purchaser

acknowledges that it shall not be at liberty to assign any rights under this Agreement

(except with the written consent of the Manager, Realty Services Division) and shall not be

entitled to have the Lands conveyed until the Purchaser has paid all of the monies owing

pursuant to this Agreement and has constructed the improvements contemplated as

hereinbefore set out to the stage required in Section 1.07 of this Agreement.

1.13 GST/HST.: The Purchase Price does not include Goods and Services Tax and Harmonized

Sales Tax ("GST And or HST"). If this transaction is subject to GST and/or HST, then the

applicable GST and/or HST shall be paid to the City in addition to the Purchase Price. All

GST and/or HST shall be collected and remitted as required by law.

1.14 GST/HST Registration: If the Purchaser is a GST and/or HST registrant as of the Closing

Date, the City shall not be required to collect or remit the applicable GST and/or HST to

Canada Revenue Agency. The Purchaser agrees to indemnify and hold harmless the City

with regard to any GST and/or HST required to be paid as a result of this transaction. The

Purchaser certifies that it is and will remain as of the Closing Date a valid GST and/or HST

registrant and that its GST and/or HST Registration Number is:

.

1.15 Title Direction: The Purchaser directs the City to reflect title to the Lands in the

Transfer/Deed of Land to the Purchaser in the Purchaser’s name as indicated in this

Agreement. The Purchaser may re-direct that title to the Lands be taken in the name of a

person, persons or corporations other than the named Purchaser. If the Purchaser wishes

that title be taken in another name or names, then the Purchaser shall provide written

direction to the City prior to the preparation of the Transfer/Deed of Land indicating the

name of the Transferee to be shown on the Transfer/Deed of Land.

1.16 No Document Registration Agreement: The City will not be entering into a Document

Registration Agreement (DRA); however, the City has adopted and will be abiding by the

current DRA prepared by the Law Society of Upper Canada.

1.17 Electronic Registration: The Electronic Transfer will be initiated by the City and

forwarded via Teraview to the Purchaser’s solicitor for completion. Once completed by the

Purchaser's solicitor, the City will release the Transfer to be registered by the Purchaser’s

solicitor at the expense of the Purchaser.

1.18 Termination: The Purchaser may terminate this Agreement at any time prior to the

Closing Date with the City's consent. The Purchaser shall forfeit its Deposit in the event of

termination pursuant to this Section.

ARTICLE 2.00 Conditions



(rev Jan/13)

2.01 Use of the Lands: The Purchaser agrees and acknowledges that the City has not made any

representation or warranty with respect to the Purchaser’s intended use of the Lands. The

Purchaser acknowledges that the Lands are subject to site plan control (as contemplated in

the Planning Act) and that no building permit will be issued until the Purchaser has met the

terms and conditions of any site plan control provisions applicable to the Lands.

2.02 Site Plan Control Agreement: The Purchaser covenants and agrees to enter into a site

plan control agreement (as contemplated by the Planning Act) with the City, at its sole cost

and expense, with respect to the Purchaser’s responsibilities pertaining to landscaping,

placement of buildings and structures, architectural design, signage, the design and

installation of municipal services, access/traffic issues and storm water management

pursuant to the Innova Business Park Development Guidelines. The Purchaser further

covenants and agrees to register the Site Plan Control Agreement on the same date as title

to the Lands is conveyed to the Purchaser.

2.03 Utilities: The Purchaser must make application for underground hydro, telephone, sewer

and water services, and any other utility services that may be required. The Purchaser

acknowledges that it shall be solely responsible for all costs relating to those utilities.

2.04 Services: The Purchaser acknowledges and agrees that it will not do or omit to do

anything on any part of the Lands which will interfere with or cause damage to any service

installed or to be installed on any part of the Lands or on any City-owned property adjacent

thereto which services include, without limiting the generality of the foregoing; roads,

ditches, drains, sidewalks, grade stakes, gas lines, water lines, water boxes, telephone

boxes and hydro electric works. Any such damage so caused may be corrected by the City

at the expense of the Purchaser and it is agreed and understood that the City shall have an

immediate right of entry for the purpose of undertaking such work.

2.05 Driveways and Entrances: The Purchaser acknowledges its responsibility to make

application to the City's Engineering Division for any driveway entrance permits that are

required. Any driveway entrance shall be constructed in accordance with both the

Driveway Control Policy of the Engineering Division and all applicable Zoning By-laws.

2.06 Adjacent Lands: The Purchaser shall landscape and maintain the publicly owned lands

adjacent to the Lands, being the lands from the front lot line of the Lands herein to be

purchased up to the travelled road.

2.07 Title to the Lands: The Purchaser shall be entitled to examine the title to the Lands at its

own expense. The Purchaser is to be allowed thirty (30) days from the Date of the

Agreement to make any title examinations and to investigate the title to the property at its

own expense. If, within the time set aside for examination of title, the Purchaser provides the

City, in writing, with any valid objection to the title, which the City is unable or unwilling to

remove, then this Agreement shall be void and the Deposit paid on account of the Purchase

Price shall be returned to the Purchaser without interest or deduction, and the City shall not

be liable for any costs or damages. Save as to any valid objection so made within that time,



(rev Jan/13)

the Purchaser shall be conclusively deemed to have accepted the title of the City to the Lands

subject to any easement or right-of-way retained by the City, subject to the terms of any Site

Plan Control Agreement as may be required, and subject to any reservations in the original

Patent from the Crown.

2.08 Municipal Controls: The Purchaser agrees to accept the Lands subject to all municipal

requirements, including building and zoning by-laws, Site Plan Control designations,

easements for hydro, gas, telephone, requirements for lot grading and/or drainage, sewer or

like services and to restrictions and covenants that run with the Lands. The City shall not be

responsible for ensuring that the proposal complies with any and all applicable by-laws,

zoning or otherwise, provincial or federal laws and/or regulations or ordinances that may

apply to the proposal.

2.09 Production of Documents: The Purchaser shall not require from the City the production of

any title deed, abstract of title, survey or other proof or evidence of title.

2.10 Environmental Conditions: The Purchaser acknowledges that the City makes no

representation or warranty as to any environmental pollutant that may be in the soil. The

Purchaser shall have the right to take soil tests as it wishes, provided at all times that it

restores the Lands to its original condition (in the event of non-completion) and shall be

allowed thirty (30) days from the Date of this Agreement to do so. Should the Purchaser find

pollutants in the soil that it is unwilling to accept, then its only remedy will be to terminate

this Agreement upon notice to the City within the time limit set out in this Section of this

Agreement. Upon the City receiving the notice, this Agreement shall be terminated, and the

Deposit shall be returned to the Purchaser in full without interest or deduction.

The Purchaser acknowledges that the subject property may contain salt beyond normal limits.

The Purchaser accepts the property subject to any salt contamination and the Purchaser

covenants that it will employ throughout the entire construction of any buildings or other

improvements on the property sulphate and chloride resistant concrete or other materials as

approved the City Engineering Division from time to time.

2.11 Fill: The Purchaser acknowledges and agrees that the importation of suitable fill may be

required. The Purchaser shall be solely responsible for the costs of any fill, including the

costs of all labour associated with its importation.

2.12 Lot Clearing: The Purchaser agrees that it will be solely responsible for any necessary

clearing of the Lands, including the removal of any existing windfall.

2.13 Storm Water Management: The Purchaser shall submit a storm water management

report/plan for the development to the complete satisfaction of the City Engineering Division.

The covenants herein shall run with the land described herein and be binding on any and all

subsequent owners or other parties having an interest therein and shall enure at all times to the

benefit of the City who may enforce same against any and all subsequent owners or parties

having an interest in the lands from time to time.



(rev Jan/13)

2.14 Lot Grading and Drainage: The Purchaser acknowledges that the City will require a lot

grading and drainage plan for the Lands and the Purchaser agrees to submit such lot grading

and drainage plan in accordance with the requirements of the City’s Engineering Division. In

order to verify that the Purchaser will and has complied with the said plan, the Purchaser

shall, at its own expense, retain an Ontario Land Surveyor, or professional engineering firm

(or such other firm or persons as are from time to time authorized by the City) to attend upon

the site to verify the elevations of footings (before they are poured) and to verify final grading

compliance upon completion of final grading. The Purchaser agrees to provide to the City

from the said Ontario Land Surveyor or professional engineering firm or others written

verification of footing levels and final grades prior to the pouring of footings and prior to

final inspection of the building(s) and grounds by the City and in all cases within two (2)

years from the Date of the Agreement.

2.15 Dust Control: In the event that the Purchaser does not adequately control dust emanating

from the lands, the City may take such remedial measures as it, in its discretion, considers

reasonable to prevent the escape of dust from the property and may utilize the deposit monies

(including the Landscaping Deposit posted in accordance with Section 1.05 of this

Agreement to cover the cost of such remedial measures.

2.16 No Garbage Collection: The Purchaser acknowledges that the City will not provide garbage

collection at curbside for this industrial development. The covenants herein shall run with

the land described herein and be binding on any and all subsequent owners or other parties

having an interest therein and shall enure at all time to the benefit of the City who may

enforce same against any and all subsequent owners or parties having an interest in the lands

from time to time.

2.17 Survey Stakes or Bars: The Purchaser acknowledges and agrees that it is solely responsible

for locating survey stakes or bars on the Lands and any costs incurred with respect thereto.

2.18 Easements: The Purchaser acknowledges that the City requires easements over the Lands

for utility purposes and the Purchaser accepts title to the Lands subject to those easements

over Part X on Reference Plan 55R-11392. The Purchaser further acknowledges that

easement rights have been transferred to Thunder Bay Hydro Electricity Distribution Inc.

under Instrument Number TY7503.

2.19 Development Approval Authority: The Purchaser acknowledges that some of the

development approvals associated with the Purchaser’s intended use and with the

development of the Lands (including, without limitation, any required Official Plan and

Zoning By-Law amendments, site plan approval, building permits, and any matter involving

delegated authority or decisions) may be decisions of the elected council of the City, or of

one or more of its appointed boards. The Purchaser acknowledges that the City’s execution of

this Agreement in no way precludes or predetermines any public process required to be

undertaken before a development approval is provided. The City, as the approval authority,

reserves the right independent of this Agreement to make whatever development approval

decision it considers to represent good planning. Nothing in this Agreement derogates from,

interferes with or fetters the exercise by the City of any of its rights and obligations (whether



(rev Jan/13)

discretionary or mandatory) as a municipality, or imposes any obligations on the City in its

role as a municipality, and the City shall not be prevented from or prejudiced in carrying out

any of its statutory rights and responsibilities including its planning rights and

responsibilities. Nothing in this Agreement derogates from, interferes with or fetters the

exercise by the City’s officers, employees, agents, representatives, or elected or appointed

officials of any of their rights and obligations (whether discretionary or mandatory), or

imposes any obligations on the City’s officers, employees, agents, representatives, or elected

or appointed officials, other than as expressly set out in this Agreement.

ARTICLE 3.00 Relationship of the Parties

3.01 Relationship of Parties: Nothing in this Agreement creates any relationship between the

parties excepting the relationship existing between the City and Purchaser in a land

transaction. It is specifically agreed that neither party is a partner, joint venturer, agent or

trustee of the other.

3.02 Non-Registration: The Purchaser in this Agreement covenants and agrees that it will not

register this Agreement, or any notice of this Agreement, against the title to the Lands.

3.03 Indemnification: The Purchaser agrees to indemnify and save harmless the City of and from

any and all manner of actions, claims, demands, damages, loss, costs (including but not

limited to all legal fees and disbursements) and charges whatsoever occasioned to, or suffered

by, or imposed upon the City or its property, either directly or indirectly, in respect of any

matter or thing arising out of the acts, omissions, operations or activities of the Purchaser, its

agents, employees and contractors under this Agreement or out of the occupation or use of

any of the Lands by them or any of them or in respect of any accident, damage or injury to

any person, animal or thing relating to, or arising from that occupation or use.

ARTICLE 4.00 Interpretation Rules and General Terms and Conditions

4.01 Defined Terms: Words used in this Agreement with their initial letters capitalized are either

proper nouns, titles or words that have been specifically defined. Where words are

specifically defined in this Agreement and then used elsewhere in this Agreement with their

initial letters capitalized, it is intended that the term is being used as defined. Words

appearing in ordinary case are intended to have the use ascribed to them in ordinary use of the

English Language.

4.02 Construing this Agreement: The captions, article and section names and numbers

appearing in this Agreement are for convenience of reference only and have no effect on its

interpretation. All provisions of this Agreement creating obligations on either party will be

construed as covenants. This Agreement is to be read with all changes of gender or number

required by the context. All references to money are considered reference to lawful currency

of Canada. The terms "include", "includes" and "including" are to be interpreted without

limitation to the words or phrases that precede them. The recitals and schedules to this

Agreement are integral parts of it.



(rev Jan/13)

4.03 Legislation; By-laws: Each reference to Provincial legislation in this Agreement, unless

otherwise specified, is a reference to the Revised Statutes of Ontario, 1990 edition, and, in

every case, includes all applicable amendments to the legislation, including successor

legislation. Each reference to a By-law in this Agreement, unless otherwise specified, is a

reference to a By-law of the City, and, in every case, includes all applicable amendments to

the By-law, including successor by-laws.

4.04 Tender: Any tender of documents or money under this Agreement may be made upon the

Purchaser or City or their respective lawyers on the Closing Date. Money may be tendered

by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario

Savings Office, Credit Union or Caisse Populaire.

4.05 Notice (other than Tender): Any notice to be given under this Agreement (excluding any

tender, which is governed by Section 4.04) shall be sufficiently given if delivered by hand,

or facsimile, or if sent by prepaid first class mail and addressed to the Purchaser at:

Purchaser:

Attention:

Address:

Facsimile: _______-_______-_________

or to the City at:

The Corporation of the City of Thunder Bay

Attention: Realty Services Manager

111 Syndicate Avenue South

(Victoriaville Civic Centre, Second Floor)

P.O. Box 800

Thunder Bay, Ontario P7C 5K4

Facsimile: 807-625-2977

Receipt of notice shall be deemed on:

(a) the date of actual delivery of a hand delivered document; or

(b) the business day next following the date of facsimile transmission; or

(c) five (5) days following the date of mailing of the notice;

whichever is applicable or, in any case, on the date and at the time that receipt is

acknowledged by the recipient. Notwithstanding Section 4.10, either party may change its

address for notice by giving notice of change of address pursuant to this Section.

4.06 Time & Acts of God: Notwithstanding anything in this Agreement, neither party shall be in

default with respect to the performance of any of the terms of this Agreement if any non-

performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion,

war or similar event, invasion, the exercise of military power, act of God, government

regulations or controls, inability to obtain any material or service, or any cause beyond the

reasonable control of the party (unless such lack of control results from a deficiency in



(rev Jan/13)

financial resources). Otherwise, time shall be of the essence of this Agreement and all the

obligations contained in this Agreement. The parties or their respective solicitors, who are

expressly authorized in this regard, or the Manager of the Realty Services Division or his/her

designate, may agree to extend or abridge any time specification in this Agreement, and the

extension or abridgement is valid if completed in writing and signed by both parties (or their

authorized representatives in accordance with this Section).

4.07 Successors: The rights and liabilities of the parties shall enure to the benefit of and be

binding upon the parties and their respective successors and approved assignees. This

Agreement may not be assigned by the Purchaser without the City’s express written consent.

4.08 Entire Agreement: This Agreement constitutes the entire agreement between the parties

with respect to the purchase and sale of the Lands and it is agreed that there is no covenant,

promise, agreement, condition precedent or subsequent, warranty or representation or

understanding, whether oral or written, other than as set forth in this Agreement and this

Agreement fully replaces and supersedes any letter, letter of intent, or other contractual

arrangement between the parties related to the purchase and sale of the Lands in existence at

the time of execution and delivery of this Agreement.

4.09 Partial Invalidity: If any article, section, subsection, paragraph, Section or subSection or

any of the words contained in this Agreement shall be held wholly or partially illegal, invalid

or unenforceable by any court of competent jurisdiction, the City and the Purchaser agree that

the remainder of this Agreement shall not be affected by the judicial holding, but shall remain

in full force and effect. The provisions of this Agreement shall have effect, notwithstanding

any statute to the contrary.

4.10 Amendments: No supplement, amendment or waiver of or under this Agreement (apart

from amendments to notice provisions of Section 4.05) shall be binding unless executed in

writing by the party to be bound. No waiver by a party of any provision of this Agreement

shall be deemed to be a waiver of any other provision unless otherwise expressly provided.

4.11 Governing Law: This Agreement shall be construed in accordance with and governed by

the laws of the Province of Ontario.

4.12 Freedom of Information: The Purchaser acknowledges that this Agreement is a public

document.

4.13 Independent Legal Advice: The Purchaser acknowledges that it has either received or

waived the benefit of its own legal advice with respect to the execution of this Agreement.

Each party to this Agreement shall be responsible for its own legal costs.

4.14 Counterparts: This Agreement, or any document referenced in this Agreement, may be

signed in counterparts.



(rev Jan/13)

4.15 Facsimile Signatures: Facsimile signatures are accepted as originals provided that the

originally executed document is forwarded to the recipient of the facsimiled signature within

five (5) business days of the date of delivery of the facsimiled signature.

AS EVIDENCE OF ITS AGREEMENT, the Purchaser has executed this

Agreement by the signature of its properly authorized officer this day of

, 20___. By signing the Agreement, the authorized officer

warrants to the City that the Purchaser corporation is duly incorporated and in good standing, and

that the officer has the authority to bind the corporation.

(NAME OF COMPANY)

Per:

Name:

Position:

Per:

Name:

Position:

AS EVIDENCE OF ITS AGREEMENT, the City has executed this Agreement

by the signature of its properly authorized officer this day of , 20___.

THE CORPORATION OF THE CITY OF THUNDER BAY

Per:

MARK J. SMITH, M.A., M.C.I.P., R.P.P. General Manager, Development Services Department

as authorized under By-law Number 004-2005, as amended

ATTACHMENT "E" INNOVA BUSINESS PARK

(rev Dec/12)

ZONING/PERMITTED USES

This information is extracted from the City Zoning By-law 100-2010, as amended, (i.e., Section 31

Prestige Industrial Zone and Section 27 Medium Industrial Zone) and is for general information

purposes only. Other regulations may apply. Therefore, for accurate reference, the Zoning By-law ise

available from the Planning Division, Victoriaville Civic Centre or www.thunderbay.ca/planning.

Further information regarding Zoning and/or Official Plan compliance may be obtained from:

Development Services Department – Planning Division



Thunder Bay, ON P7C 5K4

Telephone (807) 625-2216

Facsimile (807) 623-2206

PERMITTED USES - INNOVA BUSINESS PARK

Prestige and Medium Industrial Zones

Permitted Use/Regulation IN6

Prestige Industrial Zone

IN2

Medium Industrial Zone

Animal Boarding Facility X

Animal Care Facility X

Car Rental Agency X

Car Wash X

Dry Cleaning Plant X

Emergency Services Facility X

Equipment Service and Rental

Establishment

X

Financial Office With Limitations*

Fuel Bar X

Home Improvement Store X

Industrial Centre X X

Industrial School X

Light Industrial Use X X

Medium Industrial Use X

Motor Vehicle Sales or Rental

Establishment

X

Motor Vehicle Service Station X

Motor Vehicle Body Repair Shop X

Private Utility X

Recreational Facility With Limitations* X

Research & Development Centre X

Restaurant With Limitations* X

Service Shop X

Technical Office X

Transport Office X

Utility X

*Only permitted in combination with a Light Industrial Use, Technical Office, or Research and Development Centre

Zoning/Permitted Uses


Page 2

(rev Dec/12)

Permitted Use/Regulation IN6

Prestige Industrial Zone

IN2

Mediuam Industrial Zone

Minimum Lot Frontage 20 m 22 m

Minimum Lot Area 930 m² 930 m²

Minimum Front Yard 6 m 6 m

Minimum Rear Yard 6 m 6 m

Minimum Exterior Side Yard 6 m 6 m

Minimum Interior Side Yard 6 m 6 m

Minimum Front Yard 3 m 3 m

Minimum Landscaped Open Space 15% of lot area & 3 m strip

along all street lies

3 m wide strip along all

street lines

Maximum height 17 m 17 m or 4 storeys

Minimum Separation Distance 6 m 6 m

Minimum GFA – Technical Office 500 m²

Minimum GFA – Research &

Development Centre

500 m²

Maximum GFA – Financial Office 200 m²

NOTES:

1. An "INDUSTRIAL CENTRE" is a PLACE, other than a MIXED USE BUILDING, where 4

or more USES permitted in an INDUSTRIAL ZONE are located together for their mutual

benefit.

2. An "INDUSTRIAL SCHOOL" is a school, other than an EDUCATIONAL INSTITUTION

or COMMERCIAL SCHOOL, conducted for the purpose of the instruction and training of

TRADESPERSONS. The term includes facilities for the training of HEAVY EQUIPMENT

operators, metalworkers, or welders.

3. A "LIGHT INDUSTRIAL USE" is an INDUSTRIAL USE which is entirely enclosed within

the BUILDING in which it is undertaken, such that emission from that BUILDING of

odours, fumes, noise, cinder, vibrations, heat, glare or electrical interference is not possible

4. A "MEDIUM INDUSTRIAL USE" is an INDUSTRIAL USE which is substantially enclosed

within the BUILDING in which it is undertaken, such that emission from that BUILDING of

odours, fumes, noise, cinder, vibrations, heat, glare or electrical interference is not possible.

5. A "RESEARCH AND DEVELOPMENT CENTRE" is a PLACE where pure and applied

research and experimentation is conducted in any field of science, medicine, or technology.

6. A "TECHNICAL OFFICE" is an OFFICE for the practice of engineers, engineering

technicians, surveyors, land use planners, architects and similar professionals related to the

construction industry, mining, forestry or information technology.

7. A "TRANSPORT TERMINAL" is a PLACE used for the transferring of goods, the loading

and unloading of freight carrying COMMERCIAL VEHICLES, ships or railcars. Activities

at a TRANSPORT TERMINAL may include the storing, parking, servicing and dispatching

of freight carrying COMMERCIAL VEHICLES.

Zoning/Permitted Uses


Page 3

(rev Dec/12)

8. "UTILITY" means facilities owned and/or operated by a PUBLIC AUTHORITY that provide

electricity, gas, steam, water, radio or television services, telecommunication services,

environmental monitoring, transportation services (excluding a taxi service), drainage or

sewage or waste collection and disposal services to the public. The term includes disposal or

treatment facilities, bus depots and train stations.

9. A "PRIVATE UTILITY" is something that would meet the definition of UTILITY, with the

exception that it is not owned and/or operated by a PUBLIC AUTHORITY. The term

excludes POWER DISTRIBUTION STATIONS, POWER GENERATING STATIONS, and

POWER MAIN TRANSFORMER STATIONS.

Landscaped open space means an open area of land which is unoccupied by any buildings or

structures, which is situated at grade level on a lot and which is used or intended to be used for the

growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation and shall not

include surfaced walkways and patios, retaining wall or any other hard landscaped feature, or

driveway or parking area regardless of composition, roof-top terrace, or space enclosed within a

building.

Fifteen percent (15%) minimum vegetated open space is required in the Zoning Bylaws. In order to

meet storm water drainage limitations equivalent to 25-30% soft landscaping over the entire park,

additional soft landscaping and/or storm water retention features will be required on a site-by-site

basis within the Agreements of Purchase and Sale and the Site Plan Control Agreements. These

agreements are also expected to impose a landscaped strip along the Harbour Expressway and

Highway 11/17 (Thunder Bay Expressway).

ATTACHMENT "F" SERVICES CONTACTS


(rev Jan/13)

LOT SALES & DEVELOPMENT

Joel DePeuter, Manager


Development Services/Realty Services Division

Information regarding the development

process of the Business Park including

lot prices and completion of all

2nd Floor, Victoriaville Civic Centre required documentation/agreements



Telephone: (807) 622-LAND (5263)

Fax: (807) 625-2977

Email: [email protected]

ECONOMIC DEVELOPMENT ASSISTANCE

Steve Demmings, CEO


Thunder Bay Community Economic Development Commission

Box 800, 201-34 Cumberland Street North


Information and services regarding

business development

Telephone: (807) 625-2833

Fax: (807) 623-3962


PLANNING SERVICES

Leslie McEachern, Manager


Development Services/Planning Division

Zoning Information

Planning/Site Design Issues

Procedures, Application & Co-ordination




Telephone: (807) 625-2543

Fax: (807) 625-2206


LANDSCAPING

Werner Schwar, Coordinator Park Planning


Community Services/Planning & Administration Division

Information regarding landscaping

and City trees

1st Floor, Victoriaville Civic Centre



Telephone: (807) 625-2806

Fax: (807) 625-3258


Service Contacts


Page 2

(rev Jan/13)

SEWER AND WATER

Aaron Ward, Project Engineer


Infrastructure & Operations/Engineering Division

Servicing Information including water,

sanitary sewer and storm sewer

connections to the property, entrance

2nd Floor, Victoriaville Civic Centre requirements and storm water management

111 S. Syndicate Avenue, P.O. Box 800 retention requirements


Telephone: (807) 625-2444

Fax: (807) 625-3588


ELECTRIC POWER

James Mann, Engineering Analyst

Thunder Bay Hydro/Engineering Planning & Development

Information regarding hydro services and

location of utility easements

37 Front Street

Thunder Bay, ON P7A 8B2 Telephone: (807) 343-1036

Fax: (807) 343-1192


TELECOMMUNICATIONS

Amy Johnson, Manager

TBayTel/Outside Plant Engineering

Telephone cable information

and location of utility easements

1046 Lithium Drive

Thunder Bay, ON P7B 6G3 Telephone: (807) 684-2143

Fax: (807) 623-2237


NATURAL GAS

Ian Stewart, District Engineer

Union Gas/Commercial Sales

Information regarding gas lines


1211 Amber Drive

Thunder Bay, ON P7B 6M4 Telephone: (807) 684-8891

Fax: (807) 684-8809


Service Contacts


Page 3

(rev Jan/13)

PROVINCIAL HIGHWAYS

Corridor Management Officer

Ministry of Transportation

Information regarding permits for

Provincial highway land use & signs

615 South James Street

P.O. Box 1177

Thunder Bay, ON P7C 4X9

Telephone: (807) 473-2003

Fax: (807) 473-8423

FIRE HYDRANTS

John Hay, Fire Chief


Community & Emergency Services/Fire Services

Location of fire hydrants and fire access

routes

330 Vickers Street North

Thunder Bay, Ontario P7C 4B2

Telephone: (807) 625-2101

Fax: (807) 623-4545


BUILDING SERVICES

Penny Kok, Senior Plans Examiner


Development Services/Building Division

Building Code and Building Permit

Information




Telephone: (807) 625-3214

Fax: (807) 623-9344


GARBAGE/REFUSE REQUIREMENTS

Brad Adams, Manager


Infrastructure & Operations/Roads Division

Information regarding garbage/refuse

requirements




Telephone: (807) 625-2408

Fax: (807) 625-3588


Service Contacts


Page 4

(rev Jan/13)

RECYCLING

Kerri Marshall, Manager


Infrastructure & Operations/Environment Division

Information regarding recycling initiatives




CABLE T.V.

John Komar, System Planner

Shaw Communications Inc.

1635 Paquette Road

Information regarding cable television


Thunder Bay, ON P7B 5E5

Telephone: (807)766-7027

Fax: (807) 766-7022

SIGNS /BY-LAWS

Ron Bourret, Manager


Development Services/Licensing & Enforcement Division

Information regarding Sign Permits

and By-laws




Telephone: (807) 625-2710

Fax: (807) 625-2977


HYDRO ONE

Roman Dorfman, Real Estate Coordinator

Hydro One Networks Inc./Facilities & Real Estate

Information regarding sites adjacent to

Ontario Hydro

4185 Clegg Road, P.O. Box 4300

Markham, ON L6G 1B7

Telephone: (905) 946-6243

Fax: (905) 946-6242


ATTACHMENT "G" INNOVA BUSINESS PARK

(rev Dec/12)

APPLICATION TO PURCHASE CITY LAND INNOVA BUSINESS PARK

(PLEASE TYPE OR PRINT CLEARLY)

NAME:

ADDRESS:

CITY: POSTAL CODE:

TELEPHONE NO.: FAX NO.:

EMAIL:

(hereinafter called the "Applicant") hereby apply to purchase from the Corporation of the City of

Thunder Bay, property in the Innova Business Park, as hereinafter described and referred to as the

"Lands".

LEGAL DESCRIPTION PURCHASE PRICE 5% DEPOSIT

$ $

$ $

A deposit of FIVE PERCENT (5%) of the PURCHASE PRICE is required to be paid by Certified

Cheque to the City, and must accompany this Application. Failure to include such deposit shall

result in the proposal not being considered. Should the preliminary proposal be accepted, the said

Deposit will be applied towards the purchase price of the Lands.

In the event that the preliminary proposal is not accepted, the full amount of the Deposit will be

refunded to the Applicant. Should the Applicant, for whatever reason, choose not to acquire the

Lands after his proposal has been accepted, the initial five (5%) Deposit will not be refunded and

will be forfeited to the City as liquidated damages and not as a penalty.

It is the intention of the City to minimize the monetary outlay of the Applicant by requiring only a

preliminary proposal for initial review purposes by the City’s Development Review Committee

(DRC). The DRC has been established to select and recommend appropriate development projects

according to criteria approved by Thunder Bay City Council.

Application to Purchase City Land


Page 2

(rev Dec/12)

The summary of the proposed development must at minimum conform to the Development Themes

referred to in Sections 2.1 and 3.2 of the Information & Development Application Guide for

Innova, as well as the Development Guidelines provided in ATTACHMENT "B". The Applicant

must also submit two (2) full size preliminary site plan and elevation drawings with this

Application.

Intended Use and General Description of the Proposed Development:

The estimated total value of the proposed development (building and improvements), exclusive

of land cost is $

The anticipated projected total number of employees to be employed after completion of

construction in the categories; Professional, Skilled Tradespeople, Skilled Workers, and Other

Workers will be:

The proposed development project will meet a community or market need which, in the opinion

of the Applicant, is either not being adequately met or for which there is a market demand

because:

It is the complete responsibility of the Applicant to ensure that the Preliminary Proposal meets all

requirements of the City's Official Plan and/or Zoning By-law. If such use does not conform, the

Applicant must provide the City with an Undertaking to proceed with the necessary amendments to

the Official Plan and/or Zoning By-law coincidentally with the Site Plan Control Agreement.

Application to Purchase City Land


Page 3

(rev Dec/12)

The sale of lots to any Applicant is in the absolute and unfettered discretion of Council (or any

Committee assisting Council in the choice of successful Applicants), and Council shall not be

limited to any particular criteria in determining who will be the successful Applicants. Without

limiting the generality of the foregoing and without limiting the absolute and unfettered discretion

of Council as aforesaid, those applications that embody the highest and best use of the Lands

contained in this Application will be looked upon most favourably. The decision of Council as to

the choice of successful Applicants is final and binding. The City shall not be obliged to accept any

particular Application.

Prior to submitting this Application to Purchase, please ensure that the required information, plans,

5% deposit and completed Application form are correct.

IS AWARE OF, AND AGREES (Name of Corporate Applicant)

TO ABIDE BY THE TERMS AND CONDITIONS STATED HEREIN.

DATED this day of , 20____, A.D.

(Name of Corporation)

Per:

___________________________________________

Name:

Position:

Per:

___________________________________________

Name:

Position:

I/We have authority to bind the Corporation

THE FOLLOWING ARE HEREWITH SUBMITTED WITH THIS APPLICATION:

$ DEPOSIT DETAILED PRELIMINARY SITE PLANS

City of Thunder Bay Realty Services B-1

Premier Business Developments

www.city.thunder-bay.on.ca

KCharlton

Note


KCharlton

Note


KCharlton

Note


KCharlton

Note


KCharlton

Note


KCharlton

Cross-Out

KCharlton

Cross-Out

KCharlton

Logo